Terms & conditions of Get your Group GmbH with resellers
1. Subject matter of the contract, position of the contracting parties, legal basis, scope of business conditions
1.1. The contractual obligation of the company (Get your Group GmbH), hereinafter abbreviated as GyG GmbH, is to provide the travel services specified in this contract (individual travel services or a combination of travel services, hereinafter referred to as tour packages) to the client (hereinafter abbreviated as CL), and to the participants of its trips or events. The obligation of GyG GmbH to provide services shall be governed by contractual agreements and these terms and conditions.
1.2. GyG GmbH is directly accountable to the CL for the provision of services, unless under clause 9.6 of this agreement or a separate contractual agreement, GyG GmbH acts only as a facilitator of travel services.
1.3. The entire legal and contractual relationship between GyG GmbH and the CL shall be subject to specific agreements reached in individual cases, and thus subject to these terms and conditions and the provisions of the contract law on work and services §§ 631 et seq. of the German Civil Code (BGB), and also subject to German law, exclusively.
1.4. GyG GmbH does not have the status of a package tour operator. The provisions of §§ 651a-m of the German Civil Code (BGB) and other legal provisions for package tours and package tour operators do not apply to the legal and contractual relationship between GyG GmbH and the CL, neither directly nor mutatis mutandis. The application of such provisions shall be expressly excluded in the form of an express choice of law. The same applies to European Union regulations on package tour contracts and package tours.
1.5. These terms and conditions apply in their current version. If no current version exists, or specific agreements in individual cases have been expressly agreed, the present version of these terms and conditions applies for all future contracts between GyG GmbH and the CL.
1.6. These terms and conditions apply exclusively to contracts with commercial customers, who, as tour operators, market the travel services specified in this contract as package tour contracts or other services, thus acting as a direct contractual partner with their customers. Accordingly, these terms and conditions do not apply to contracts with individual or multiple consumers (consumer as defined in § 13 of the German Civil Code (BGB)).
2. Contract formation
2.1. The CL may express an interest in booking a travel service offered by GyG GmbH via phone, email, fax, the Internet or in writing. The client booking results when the CL selects a tour on the Get your Group portal by using the search system. The booking enquiry is not binding for the CL or GyG GmbH and does not guarantee the formation of a contract.
2.2. On the basis of CL’s enquiry, GyG GmbH shall first provide information on the availability of the desired travel services and offer suggestions on potential travel services and itinerary. Such suggestions are non-binding and subject to confirmation for GyG GmbH and the CL. They do not constitute a claim to the formation of a contract. The same applies to multiple or repeated presentations of such suggestions. Unless otherwise expressly agreed beforehand, such suggestions and information shall be provided to the CL free of charge.
2.3. In accordance with the provision stipulated in clause 2.2, GyG GmbH shall submit a binding offer to the CL which offers to form a contract with the CL on the basis of these terms and conditions, all data and information provided in the offer, and, where appropriate, expressly refer to price lists, brochures or other information the form the basis of the offer. On the online portal of Get your Group the CL submits a booking based on desired services with the corresponding number of participants on the “booking” page.
2.4. Acceptance of the contract on the internet portal Get your Group: By express acceptance the conditions of GyG GmbH by clicking on online booking button, the CL accepts the offer and will immediately receive from GyG GmbH a booking confirmation with booking number through which the contract is accepted.
2.6. Unless expressly stated otherwise, the offer can only be accepted in writing or via fax, to the exclusion of the electronic text form (email, Internet). An acceptance of the offer signed Copy of the contract is legally possible as a PDF via email attachment.
2.7. If the deadline for the acceptance of the offer is explicitly stipulated in the offer, the offer shall only be binding for GyG GmbH until the said deadline has expired and may only be accepted by the CL by submitting a letter of acceptance to GyG GmbH within the period stipulated, during normal business hours. GyG GmbH shall be entitled, but not obliged to accept late letters of acceptance. In such cases, GyG GmbH shall inform the CL immediately of the late submission and state whether it accepts the latter’s acceptance of the offer, despite the late submission.
2.8. The offer can only be accepted by a letter of acceptance signed by an authorised representative of the CL.
2.9. The contract shall be deemed legally binding upon receipt of the letter of acceptance from the CL by GyG GmbH, without any need to provide acknowledgment of receipt or booking confirmation. GyG GmbH however generally provides the CL with confirmation in writing or via fax or email upon receipt of its letter of acceptance and will simultaneously or subsequently submit an invoice for the agreed payments or instalments.
2.10. In the event that CL’s letter of acceptance contains additions, reductions or other changes, a contract shall only be made if GyG GmbH provides the corresponding reconfirmation to include these additions, reductions or changes. Otherwise, it shall be deemed no contract has been concluded. The same applies if the CL stipulates terms and conditions for travel services or itinerary in its letter of acceptance that were not part of the offer made by GyG GmbH. In particular, these include conditions for specific flight times, flight routes, hotels, specific tour guides or tour routes.
2.11. Although GyG GmbH also offers travel services or travel packages via direct booking without any prior written offer, the contract shall, notwithstanding the aforementioned provisions, be formed when the CL submits a binding booking reservation in writing or via fax to GyG GmbH (a booking form may be provided by GyG GmbH) and the GyG GmbH confirms the booking in writing or via fax or email to the CL. In this case, the CL is bound to GyG GmbH offer 5 working days after receipt of its booking by GyG GmbH. In the event the booking confirmation from GyG GmbH differs from the reservation made by the CL, this shall be deemed a new offer from GyG GmbH. As this is deemed a new offer, the contract shall be concluded if the CL accepts this amended offer by expressed consent or by acceptance inferred, in particular by payment of the deposit or instalments.
3. Services and changes to services, travel brochures, information and assurances
3.1. GyG GmbH ‘s obligations to provide services are subject to contracts that are concluded on the basis of a written offer by GyG GmbH, which includes information on prices and services in accordance with all the instructions and explanations contained in the offer.
3.2. For contracts concluded on the basis of travel brochures or internet advertising that result in a direct booking by the CL and the corresponding confirmation by GyG GmbH (see clause 2.9), the obligation of GyG GmbH shall be in accordance with the brochure description or the information on the internet. This information shall be referred to in the booking confirmation provided by GyG GmbH.
4. Prices, price adjustments
4.1. The prices agreed between GyG GmbH and the CL for each particular service shall apply. In the event that any price, such as for an additional service or a specific service, has not been agreed, the prices advertised or listed by GyG GmbH that were proven to be accessible to the CL at the time the contract was concluded or that have been declared by GyG GmbH as valid in some other way shall apply. Alternatively, the standard price or listed fee shall apply, pursuant to § 632 of the German Civil Code (BGB). Unless expressly stated otherwise in the offer, entrance fees are not included in the prices listed.
4.2. GyG GmbH may request price increases, if this has been contractually agreed in specific cases. This shall apply in particular to price agreements in which the price agreed upon depends the number of participants, the type and scope of the actual services provided or the date of the confirming the tour or number of participants. The same applies to price increases agreed upon when reducing or increasing the number of participants, services or allocation.
4.3. Irrespective of price increases under the aforementioned provision and in addition to any permissible price increases, GyG GmbH reserves the right to change the contractually agreed prices in the event of an increase in transport costs, charges for certain services such as port or airport fees or a change in the exchange rates applicable for the particular package in accordance with the following provisions:
4.4. An increase in the price is only permitted if the interval between the conclusion of the contract and the agreed travel date is more than 4 months and the circumstances leading to the increase had not occurred nor could be foreseen by GyG GmbH before the contract was concluded.
4.5. If there is an increase in transportation costs, especially fuel costs, after the travel contract has been concluded, GyG GmbH shall be entitled to increase the price according to the following calculations:
(a) In case of an increase on a per-seat basis, GyG GmbH is entitled to charge the CL the amount of this increase.
(b) Otherwise, the additional costs charged by the transport provider for the agreed mode of transport shall be divided by the amount of seats for the said transport. GyG GmbH is entitled to charge to the CL the resulting increased sum per seat.
4.6. If charges or levies, such as port or airport duties, that GyG GmbH has to pay increase above the costs at the time of concluding the travel contract, GyG GmbH is entitled to increase the price by the corresponding proportional amount.
4.7. In case of variation in exchange rates after conclusion of the contract, the price may be increased in line with the amount by which the cost of the services has increased for GyG GmbH.
4.8. In case of a subsequent change in price, GyG GmbH has to inform the client immediately upon becoming aware of the reason for the change. Price increases are only permitted up to the 25th day prior to the CL ‘s agreed departure date. In case of price increases exceeding 10 %, the CL is entitled to withdraw from the contract without incurring cancellation fees. Provided the conditions are appropriate, the CL must exercise its right of withdrawal against GyG GmbH without undue delay upon notification from GyG GmbH of the price increase.
4.9. In case of an increase in VAT on prices of contractually agreed travel services, GyG GmbH is entitled to demand a corresponding price increase from the CL, provided that GyG GmbH proves that it is obliged to pay the VAT hike.
5. Payment, late payment, place of payment, reminders, default charges, deposits
5.1. Upon conclusion of the contract, GyG GmbH can stipulate following terms for the payment of the deposit:
(a) The deposit is due for payment after the contract has been concluded.
(b) The amount and due dates for payment are irrespective of whether and to what extent the CL is itself able to claim the corresponding payments from its customers.
(c) The amount of the deposit and the date of maturity of the deposit from the contractual agreements in individual cases.
(d) In case no explicit agreements have been made, no deposit is due to be paid.
(e) If the total price rises as a result of an increase in the services provided, allocation or number of participants, or due to other circumstances or contractual agreements that lead to a price increase, the difference between the original deposit and the deposit calculated for the increased total price shall also be payable without undue delay at same time as stipulated in the corresponding legally binding agreements or as the occurrence of the circumstances that led to the price increase.
5.2. Instalment payments that follow the deposit and the due dates for these remaining payments shall be in accordance with the relevant contractual agreements.
5.3. The remaining payments are due as contractually agreed. If no specific agreement has been reached, the final payment shall be due no later than 14 days before the trip begins.
5.4. Payments shall generally be made by the method expressly agreed. If no explicit agreements have been made on the payment method, payments shall be made only via bank transfer.
5.5. Place of fulfilment for any payment is the headquarters of the bank for which GyG GmbH has provided its bank details for payment with the proviso that the payment obligation is only fully satisfied when the amount due has been timely credited in the bank account specified.
5.6. Payments, especially from abroad, shall be received in full, without any deductions to the agreed sum for bank or transfer charges. Payments in foreign currencies are excluded, unless otherwise expressly agreed in individual cases.
5.7. In accordance with the terms of due dates for payment, a default of payment shall result in the issuing of a reminder letter, which can also be issued verbally and in electronic text form. A default may occur without a reminder letter, if the CL does not pay within 30 days after the due date and the receipt of an invoice or equivalent payment notice. If the date of receipt of the invoice or payment notice is uncertain, the CL shall be deemed in default no later than 30 days after the due date and receipt of the service.
5.8. In case of default, the CL shall pay interest of 8 per cent above the base rate. GyG GmbH reserves the right to claim for further damages caused by the default.
6. Contractual obligations; tour advertising
6.1. The CL is not permitted to present GyG GmbH to its participants as the tour operator or co-tour operator in any way or in any document, or to make representations of GyG GmbH as an organiser or co-organiser in marketing material that does not offer package tours. The CL shall only be permitted to make references to the contract with GyG GmbH and the provision of services by GyG GmbH in the form expressly agreed beforehand with GyG GmbH.
6.2. GyG GmbH reserves the right, insofar as contractually agreed upon services are concerned, to request that the CL submits a copy of its tour advertising to GyG GmbH before publication for checking, in particular, before going to print with a travel catalogue or other print advertising formats. The same applies for internet publishing. This obligation of submission is limited to the tour advertisement itself; the CL is not required to disclose its prices or calculations. GyG GmbH reserves the right to demand corrections to tour descriptions if GyG GmbH is able to prove that the intended publication contains obvious errors or omissions that are in breach of mandatory competition law or travel law regulations, or may otherwise be subject to claims from third parties against GyG GmbH, especially from CL ‘s customers.
6.3. Irrespective of any statutory or contractual obligation of its participants to register complaints against it, the CL is obliged to immediately notify the GyG GmbH designated local representative or the service provider of any problems that may arise and request the matter to be remedied. If remedial action is denied or inaccessible, the CL shall immediately notify GyG GmbH of complaint in question and the request for remedial action
6.4. In the event the CL fails to meet one or more of the aforementioned obligations, this shall void warranty claims and claims for compensation made by CL insofar as GyG GmbH would have be willing and able to remedy the situation and the problem that occurred could have been eliminated or minimised.
7. Cancellations, withdrawals, terminations, replacement participants, change of booking
7.1. Unless otherwise expressly agreed in specific cases by contract, the CL shall have no right to revoke the contract or to terminate or withdraw from individual contractual agreements. Withdrawal rights by virtue of commercial usage, in particular for contractual agreements on accommodation allocation, are expressly excluded. Equally excluded is the right of termination in accordance with § 649 of the German Civil Code (BGB). The following provisions relating to extraordinary termination due to shortcomings in GyG GmbH ‘s contractual service or due to force majeure shall remain unaffected.
7.2. Cancellation as referred to in the following provisions is both the exercise of a contractual right of rescission, as is any other declaration of the CL pertaining to the non-acceptance of individual services specified in the contract, or the overall services at the subject of this contract.
7.3. The cancellation of contractually agreed rights must be done in writing or via fax, to the exclusion of the electronic text form (email, Internet), unless otherwise expressly agreed for a specific case.
7.4. For a cancellation request to be deemed punctual, this shall depend on when it was received by GyG GmbH during normal business hours; and for telephone cancellations on when the request was subsequently received in writing or via fax. Service providers, sales representatives and other third parties are not authorised to accept cancellation requests. Section § 171 of the German Civil Code (BGB)finds no application.
7.5. In the event of cancellation or non-acceptance without such a cancellation request from the CL, GyG GmbH shall be entitled to the contractually agreed flat rate or the specifically agreed sum of compensation.
7.6. In the event that no flat rate or specified compensation sum has been agreed in a specific case, GyG GmbH shall be entitled to the compensation outlined below, the calculation of which takes into account the usual expenses saved and the possible redeployment of travel services. The compensation shall be calculated from the date of receipt of the withdrawal request by CL as follows:
Travel by bus or coach
|Time we receive your notice to cancel before departure||Cancellation charge|
|Up to 31 days||Nil (if explicitly agreed)|
|30 to 22 days||25%|
|21 to 15 days||60%|
|14 to 7 days||75%|
|6 to 2 days||80%|
|One day or later||90%|
Please take note of the specific cancellation charges stated online
Travel by cruise
|Time we receive your notice before departure||Cancellation charge|
|119 to 60 days||20%|
|59 to 30 days||40%|
|29 to 15 days||60%|
|14 to 1 day(s)||80%|
|On arrival day or no-show||90%|
Please note that cancellation charges are a minimum of €50 per person.
Flights and combination of air and bus/coach journey
|Time we receive your notice before departure||Cancellation charge European journeys||Cancellation charge Long-distance journeys|
|Up to 64 days||No refund of deposit according to clause 5.1||No refund of deposit according to clause 5.1|
|63 to 31 days||€110 per person||€220 per person|
|30 to 22 days||30% (minimum €190 per person||30% (minimum €290 per person)|
|21 to 15 days||70%||70%|
|14 to 6 days||85%||85%|
|Up to 5 days||90%||90%|
7.7. The CL reserves the right to furnish evidence to show GyG GmbH that, with regard to the calculation of fees agreed in individual cases or the aforementioned flat rate cancellation fees listed by GyG GmbH, either absolutely no loss has been incurred or that the loss incurred is significantly lower than the amount demanded.
7.8. GyG GmbH is entitled to deviate from the flat rates specified above and demand a higher fixed fee, provided that GyG GmbH can prove it incurred significantly higher costs than the respective applicable fees. In such cases, GyG GmbH is obliged to list its compensation demand in detailed figures and provide supporting evidence, taking into account expenses saved and the redeployment of travel services.
8. Cancellations due to shortcomings or force majeure
8.1. For cancellations by the CL before or after the commencement of the contract, or the tour or travel services, due to failings in the travel services the following shall apply:
(a) Cancellation is permitted only if the CL points out the failings to GyG GmbH and allows a reasonable time for remedy, unless remedial action of the shortcomings is objectively deemed impossible
(b) A complaint report and request for remedial action must be sent immediately to the office specified by GyG GmbH, taking reasonable advantage of all available means of communication at the resort. In this regard, the authorised representative shall be the local service provider or local agency specified; if neither is reachable or refuse to provide an appropriate remedy, then the CL must have sent a complaint report and request for remedial action to GyG GmbH without undue delay via the contact details given in the travel documents provided by GyG GmbH.
8.2. If the provision of the services specified in this contract are significantly disrupted, jeopardised or impaired due to force majeure, which was not foreseeable at the time the contract was concluded, the following shall apply:
(a) In this case, both GyG GmbH and the CL are entitled to terminate the contract in accordance with the following provisions.
(b) The termination must be declared in writing and be substantiated by the circumstances that both parties will consider justified grounds for termination. If, in case of termination by the CL, the claim of force majeure is not accompanied by such a statement stating the grounds for termination, the notification by the CL shall be treated as a standard cancellation, with the relevant cancellation fees payable. A request for the right of termination due to force majeure at a later time is not possible.
(c) Only circumstances which directly affect the provision of services by GyG GmbH shall be deemed justified grounds for termination due to force majeure. Accordingly, circumstances that disrupt, jeopardise or impair the provision of travel services or the tour itself that fall under the responsibility of the CL shall not be deemed justified grounds for cancellation due to force majeure. This applies in case of transport organised by the CL for its participants, especially for road closures or closures of airspace, vehicle breakdowns or other malfunctions under the CL.
(d) In case of a justified cancellation due to force majeure, GyG GmbH is entitled to invoice the CL for half of the costs, which would have been incurred if cancellation fees had been charged at the time the termination request due to force majeure was received by GyG GmbH. GyG GmbH reserves the right to claim half the proven costs. The CL reserves the right to furnish evidence to show GyG GmbH that it incurred either no costs or significantly lower costs than those on which its claim is based.
(e) GyG GmbH ‘s contractual services include transport for CL ‘s participants, thus additional costs shall be incurred for arranging return transportation for the participants in the event the cancellation due to force majeure that occurs during a trip or event, of which GyG GmbH and the CL shall each bear half.
(f) Any other costs relating to a justified termination due to force majeure during a trip or event, such as the CL ‘s additional staff costs and the cost of a prolonged accommodation of the CL ‘s participants at the event or travel destination beyond the contractually agreed travel dates shall be borne by the CL.
9. Limitation of liability
9.1. GyG GmbH shall not be liable for services or parts thereof, which have been added by the CL - with or without the knowledge of GyG GmbH - to the services offered, organised and realised by the GyG GmbH, irrespective of the type of additional service the CL offers its customers. These include in particular:
(a) Arrivals and departures organised by the CL to the travel destination contractually agreed with GyG GmbH as well as local transport during the trip
(b) Events not included in the range of service offered by GyG GmbH, before or after the journey, and tours, excursions, encounters, etc. at the destination
9.2. GyG GmbH shall not be liable for the consequences and costs that arise from impairments to contractual services to be rendered by GyG GmbH or to the itinerary as a whole, which are caused by the execution, disruption or failure of additional services, sightseeing tours, events, encounters or any other circumstances organised and conducted by the CL itself, on its own accord.
9.3. GyG GmbH shall not be liable for actions or failures of the CL or its representatives, tour guides, bus drivers, or any of the tour guides recommended by GyG GmbH during or after the trip, especially in cases where GyG GmbH has not been consulted
(a) changes to the services specified in this contract
(b) instructions to local guides, service providers and agencies
(c) separate agreements with different service providers,
(d) information and assurances to its customers.
9.4. Insofar as GyG GmbH ‘s warranty and liability to the CL is linked the tour price, only the price agreed between the CL and GyG GmbH is significant, without taking into account the margin, or surcharges of any kind, which the CL has factored in the tour price or in extra charges.
9.5. As far as GyG GmbH ‘s warranty and liability are concerned, liability for consequential damages shall be, in principle, excluded, in claims by the CL ‘s participants against GyG GmbH, provided that GyG GmbH is not guilty of gross negligence or wilful intent, except where claims against the GyG GmbH relate to claims arising from injury to life, body or health. This shall apply particularly for payments by the CL to its participants for claims for damages or for useless of wasted holiday time, or for the lack of consecutive bookings by the CL ‘s participants or group of participants affected.
9.6. GyG GmbH shall not be liable for information about prices and services or for personal injuries and damage to property of any kind where the relevant information has been specifically published in the tour brochure, the offer, the confirmation or other documentation. Any liability of GyG GmbH arising from a breach of its obligations as an agent shall remain unaffected.
10. Statute of limitations
10.1. For the assertion of claims by the CL against GyG GmbH pertaining to the contract and legal relationship as a whole the following shall apply:
(a) Claims for non-contractual performance of the contractual services must be asserted in writing against GyG GmbH within a period of 2 months from the date of the of the end date of the journey as stated in the contract.
(b) The limitation period does not generally apply to claims arising from injury to life, body or health of the participants.
10.2. contractual claims of the AG, resulting from the injury to life, body or the health of the holder, Managing Director, by employees or participants of the AG, on a deliberate or negligent breach of duty by GyG GmbH or a legal representative or vicarious agent of GyG GmbH are based, shall be limited to 3 years. This also applies to claims for the other Damage to an intentional or grossly negligent breach of duty by GyG GmbH or a legal representative or vicarious agent of GyG GmbH are based.
10.3. All other contractual claims are time-barred after one year.
10.4. The limitation period for claims shall begin at the end of the year in which the claim arose and the CL acquired knowledge of the facts giving rise to the claim against GyG GmbH, and GyG GmbH, against whom claims are asserted, obtained knowledge or became aware without gross negligence.
10.5. Provisions for longer or shorter periods of limitation in international regulations and agreements, as well as in European Union regulations, which are applicable to the legal or contractual relationship between GyG GmbH and the CL, shall remain unaffected, with the proviso that the longer limitation periods contained therein shall apply in favour of the CL, if such longer limitation periods cannot be effectively waived in contracts between companies or traders.
10.6. If there are ongoing negotiations between the CL and GyG GmbH about the claim or the circumstances giving rise to the claim, then the statute of limitations shall be suspended until the CL or GyG GmbH refuses to continue the negotiations. The limitation period shall expire no earlier than three months after the end of the suspension.
11. Place of jurisdiction
11.1 The sole place of jurisdiction for any legal dispute between GyG GmbH and the CL is Kehl am Rhein, the seat of GyG GmbH. The contract is governed by and shall be construed in accordance with German Law. This shall not apply where applicable provisions in German law, international regulations or agreements or in European Union regulations on jurisdiction and choice of jurisdiction are included in the legal and contractual relationship, whereby contracts between companies cannot effectively be changed or waived.